People v. Rutt

Opinion by

MR. JUSTICE ERICKSON.

Appellant, Donald Rutt, was convicted of kidnaping a fourteen-year-old girl. His main contention on appeal is that the prosecution’s evidence was insufficient to support his conviction in that it did not prove all the elements of the offense charged. We agree and, therefore, reverse the conviction and direct that the trial court enter a judgment of acquittal.

The information filed against Rutt was limited to the words of C.R.S. 1963, 40-2-44(5), which provides:

“A person shall be guilty of kidnaping who willfully:

“(5) Leads, takes, entices away or detains a child…